New South Wales Consolidated Acts

FINES ACT 1996 - SECT 101B

101B Reviews by Hardship Review Board

(1) The Hardship Review Board may, on an application by or on behalf of a fine defaulter, review a decision by the Commissioner with respect to the following--

(a) the making of, the failure to make or the varying or revocation of, a work and development order,

(b) the making of, or the failure to make, a time to pay order,

(c) the writing off or the failure to write off, the whole or part of, an unpaid fine.

(1A) The fine defaulter must be a natural person.

(2) A fine defaulter may not make more than one application under this section in relation to the same fine.

(3) The Hardship Review Board may determine the procedure for a review and may conduct a review in the absence of the parties.

(4) The Commissioner may suspend enforcement action against a fine defaulter who makes an application under this section but is not required to do so unless given a direction under this section.

(5) The Hardship Review Board may direct that enforcement action under this Part against a fine defaulter be suspended pending its review, if it thinks it appropriate in the circumstances.

(6) On a review, the Hardship Review Board may direct the Commissioner to do any one or more of the following in respect of the fine defaulter on such terms as the Board may direct--

(a) make, revoke or vary a work and development order,

(b) make, revoke or vary a time to pay order,

(c) write off, in whole or in part, an unpaid fine.

(7) The Hardship Review Board may give a direction under this section if it thinks it is appropriate to do so having regard to the circumstances of the fine defaulter and the matters set out in section 99B, 100 or 101 (1A) (a) and the guidelines issued under section 120, as the case requires.

(8) The Hardship Review Board may exercise its functions under this Act in conjunction with any functions that the Board may exercise under the State Debt Recovery Act 2018 or the Taxation Administration Act 1996 .